Friday, May 24, 2013

"shall and may retain the said gun, powder and shot, to his own use"


   "5. Nor unless such wearing be accompanied with such circumstances as are apt to terrify the people; consequently the wearing of common weapons, or having the usual number of attendants, merely for ornament or defense, where it is customary to make use of them, will not subject a person to the penalties of this act. Ibid. s. 9. [Pg. 50]

   "Act of 1805, 2 Rev. Code, ch. 83, p. 108.

"Sect. 1. No free negro or mulatto shall keep or carry a fire-lock of any kind, or military weapon, or powder, or lead, without a licence from the court of the county or corporation; which licence may, at any time, be withdrawn. Arms, &c. so kept, shall be forfeited to the informer. . . ."

"(A) A Certificate of the seizure of a gun, &c. on sect. 8, of 1 Rev, Code, p 187.

   "county, to wit.

   "Whereas AJ, of the county aforesaid, labourer, hath this day brought before me, JP, a justice of the peace for the said county, one gun, with powder and shot, by him found and seized in the bands and possession of a certain free mulatto man, known by the name of (or negro man slave belonging to               as the case may be) who is not by law qualified to keep the same; and the said AJ having also, before me, made due proof of such seizure as aforesaid. By virtue of an act of the general assembly in that case made and provided, I do hereby order and direct, that the said AJ shall and may retain the said gun, powder and shot, to his own use; and that the said mulatto man shall receive thirty lashes upon his bare back, well laid on, which last sentence AC, a constable in this county, is ordered ta exetute. Given under my hand and seal, &c.
[Pg. 554]


   (B) Licence to keep arms and ammunition.

[This can only be granted by the court. See 2 Rev. Code, ch. 83, p 108.] [Pg. 555]

- [The New Virginia Justice, Comprising the Office and Authority of a Justice of the Peace, in the Commonwealth of Virginia. TOGETHER WITH A VARIETY OF USEFUL PRECEDENTS, ADAPTED TO THE LAWS NOW IN FORCE. TO WHICH IS ADDED AN APPENDIX, CONTAINING ALL THE MOST APPROVED FORMS IN CONVEYANCING: SUCH AS DEEDS OF BARGAIN AND SALE, OF LEASE AND RELEASE; OF TRUST, MORTGAGES, BILLS OF SALE, &c. ALSO, THE DUTIES OF A JUSTICE OF THE PEACE, ARISING UNDER THE LAWS OF THE UNITED STATES. By William Waller Hening, Attorney At Law. The Second Edition, Revised, Corrected, Greatly Enlarged, and Brought Down to the Present Time. By the Author. RICHMOND: PUBLISHED BY JOHNSON & WARNER. 1810.]

"Licensing" was intended for "SLAVES", and NOT free people.

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